Immigration Presentation

Fall 2010

Planning Several Steps Ahead!

(Immigration Status After OPT)

Arthur Serratelli, Esq.

Vandeventer Black LLP
aserratelli@vanblk.com

500 World Trade Center Norfolk, VA 23510 757.446.8600

www.facebook.com/immigration.art
Immigration Art Page: on Facebook “Like”
Overview
• What are the immigration rules?

• What should you say in a job interview

about the rules?
• “We don't 'sponsor;' We only hire
Americans and Green Card Holders.”
REPLY?
• What about a lawyer?
What are the rules?
4 basic ways to obtain a green card
1. Employment-based
2. Marriage to U.S. Citizen (Immediate)
3. Diversity Lottery
4. Family-based (Preference)

* ALSO: Asylum/Refugee
What are the rules?
4 basic ways to obtain a green card
1. Employment

Step 1 F-1 or J-1

Step 2 OPT or AT
Step 3 H-1B or other work visa
Step 4 Green card based on job
1. Employment
Step 2

A word about OPT

Good news!
• Unpaid work is OK
• Self-employment is OK
– 1099 contractor, business license
1. Employment
Another word about OPT
• 12-month OPT can be extended 17 extra
months for STEM students by an E-Verify
employer
• Small percentage employers enrolled in E-
Verify, but growing
– Federal contractors 9/8/09
• E-Verify: “voluntary” for employers
– Online way to check work authorization
 1. Employment
E-Verify database of companies
• Can’t confirm the accuracy,
but at least a place to start
• Most recent list of E-
Verify participating
companies as self-reported

www.smartbusinesspractices.com
1. Employment
Step 3 Post-OPT job search options
a. H-1B [6 yrs]
Requirements
• A job offer w/ a company with a “proven
track record,”
• For a position that requires at least a 4 yr
college degree, and
• You have the required degree
1. Employment
Step 3 Post-OPT job search options
a. H-1B
Features
• Subject to the 85,000 quota--lottery
• H-1B quota exempt jobs
– Employed at U.S. institution of higher education, or
related non-profit entity
– Employed at non-profit research organization or
(federal) government research organization
1. Employment
Step 3 Post-OPT job search options
b. E-1/E-2 [2yrs or 4 yrs or 5 yrs+]
Requirements
• Treaty between your country and U.S.
• U.S. company that hires you owned by
people or a company of your nationality
• White collar, skilled job

c. E-3 – “H-1B for Australians” [2 yrs+]

1. Employment
Step 3 Post-OPT job search options

d. TN [3 yrs+]
Requirements
• From Canada or Mexico
• Job-title specific – see list
1. Employment
Step 3 Post-OPT job search options
e. L-1A/L-1B [7 yrs / 5 yrs]
Requirements
• Work overseas 1 full year,
• Transfer to affiliated U.S. company or branch office
• L-1A: manager or executive
• L-1B: specialized knowledge
– Inside info
* Leads to green card shortcut – EB1 jackpot!
1. Employment
Step 3 Post-OPT job search options
Even more options
• R-1 — religious worker [5 yrs]
• G — international organizations [vary]
• O-1 — Extraordinary Ability [vary]
• P-1— Athlete/Entertainer [vary]
• A — ambassador / embassy [vary]
• I — journalist visa [vary]
1. Employment
Step 4 Employment-based green cards
No labor certification required [no advertising]
• EB-1—intra-company transferee
• Job offer required (L-1A; perhaps E-1 / E-2)
• EB-1—extraordinary ability
• No job offer required
• EB-1—outstanding professor/researcher
• Job offer required—permanent position
• 3 yrs experience
• Evidence (see glossy booklet)
1. Employment
Step 4 Employment-based green cards
No labor certification required [no advertising]

• EB-2—National Interest Waiver

• Job offer and labor certification required, unless in the
national interest
• Expertise significantly above ordinary
• EB-4—religious worker and “other”
1. Employment
Step 4 Employment-based green cards
Labor certification required [advertising]
• EB-2—Professors “Special Handling”
• EB-2—Masters / “Exceptional Ability”
– Job offer and labor certification required
• (When national interest waiver unavailable)
• Either Masters OR expertise above ordinary
• EB-3—professionals (Bachelors), skilled
workers, and other workers
– Job offer and labor certification required
1. Employment
Want more information?

Key internet resource— “glossy booklet”

(Post-OPT Job Search Summary Booklet)

http://www.vanblk.com/documents/
ImmigrationLawsforBusinessBooklet05.pdf

www.facebook.com/immigration.art
2. Marriage 3. DV Lottery
2nd & 3rd of 4 ways to get a green card
2. Marriage (immediate)
Step 1 F-1 or J-1
Step 2 Green card based on marriage to U.S. citizen

3. Diversity lottery
Step 1 F-1 or J-1
Step 2 Green card based on diversity lottery
Features
• 50,000 places each year for citizens of countries with few immigrants
to the U.S
• If you are legal, apply through www.travel.state.gov during eligibility
period
• Winners should act very carefully within one-year window of
4. Family (Preference)
4th of 4 ways to obtain a green card
4. Family-based (preference)
Step 1 F-1 or J-1
Step 2 Green card based on family member in U.S.

Categories
• Unmarried sons and daughters (21+) of U.S. citizens
• Spouses, children, and unmarried sons and daughters (21+) of
LPRs
• Married sons and daughters (21+) of U.S. citizens
• Siblings of adult U.S. citizens

* NO GOOD—takes too long!

What should you say in an interview?

• Any mention of H-1B & Quotas?

• Any mention of E-Verify?
• Any mention of OPT?
• Any mention of the green card?
*HINT—On a first date, don’t ask for marriage before the
soup arrives

You must balance—

• The need to mention immigration with
• The need to focus on your resume and unique job
qualifications to get hired
What should you say in an interview?

Slide of Shame
• It is a shame when U.S. employers ask an
international student to explain U.S.
immigration law!
• SHAME!
• Don’t waste time— you focus on getting hired;
let your school or an immigration lawyer
explain the law!
What should you say?

Want more information?

Key internet resource—

The Art Serratelli version of the “Janene
Oettel Pamphlet”

http://www.vanblk.com/Resources/documents/
ImmigrationGuideToHiringStudents11242008.pdf

www.facebook.com/immigration.art
“We Don't Sponsor” REPLY?
“We don't sponsor H-1Bs or other work visas”
“We Only Hire Americans or Green Card Holders”
Reply
• “Any flexibility? 'Sponsoring' basically means
getting permission from immigration to put a
foreign-born person on a USA payroll.”
• “Once you get permission, you can treat me just
like an American or a Green Card worker!”
“We Don't Sponsor” REPLY?
“We don't sponsor H-1Bs or other work visas”
“We Only Hire Americans or Green Card Holders”

Other Employer Concerns

• Paperwork to “sponsor” is complicated.
– NO: Just 8 pieces of employer info
• Fees for USCIS and a lawyer are too expensive.
– NO: Except for 1 fee that the employer must
pay, everything is negotiable
What about a lawyer?

4 tips to choosing an immigration lawyer (if

you have to . . .) —
• 1. Lawyer must be a member of AILA
• 2. Lawyer should only do immigration law
• 3. Only pay a fixed legal fee
• 4. Pick a lawyer via references
 Obtaining a green card via employment

Enroll Graduate Apply for H-1B

Actions Maintain F-1 status Maintain H-1B status

File File Green U.S.

Start EB green card
I-140 I-485 card Citizenship

EB-2 State Fed USCIS USCIS USCIS

EB-3 DOL DOL visa (6 mos (5 yrs)

backlog to

(0-7 yrs) 2 yrs)

U.S.

LPR Citizenship
OPT Work H-1B or other lawful work status LPR
Status Enrolled in school
pending

F-1 status F-1 status Temporary work status

LPR status
Questions?
 Contact information

Arthur Serratelli, Esquire

Partner & Chair, Immigration Law Group
Vandeventer Black LLP

757-446-8683 (direct dial)

757-446-8670 (fax)
aserratelli@vanblk.com

www.facebook.com/immigration.art